Gym Terms and Conditions - Training Day Gym Burwood & Clayton
WEBSITE TERMS & CONDITIONSYour use of this site from Training Day Health Club indicates your acceptance of these terms and conditions. We reserve the right to make changes to this website and these terms and conditions at any time without any prior notice. Training Day Health Club is the service provider; it is also referred to as "us" and "we". Customer is the person or organisation whom purchases or seeks services from us; it is also referred to as "you"
FACILITY ENTRY & MEMBERSHIP TERMS & CONDITIONS1 Key details
Part 1. Our details: Training Day Pty Ltd ACN 158 276 389
trading as ‘Training Day Gym’
Part 2. The address of the premises at which the services are to be supplied: 2055 Princes Highway, Clayton VIC 3168
118 Highbury Road, Burwood, VIC 3125
Part 3. Payment type:
Part 4. Membership type
Part 5. The period for which you are entitled to receive our services under your membership (the membership term):
Part 6. Periodic payment amount and due date:
Part 7. Services provided: Part 8. Administration Fee:
Part 9. Other amounts payable:
Part 10. Our contact details: Email: firstname.lastname@example.org & email@example.com Clayton Phone: (03) 9562 7511 Burwood Phone: (03) 9808 8311 (Accurate as at today’s date, subject to updates) Part 11. Other comments:
In this agreement, the following meanings are given the definitions prescribed below:
(a) access plus member means a member who has an access plus membership. For the avoidance of doubt, you will be an access plus member if the checkbox next to ‘access plus member’ in Part 4 of clause 1 is checked.
(b) administration fee means the fee set out in Part 8 of clause 1.
(c) agreement means this membership agreement incorporating all of the documents referred to in clause 3(b) below.
(d) billing account means the bank account or credit card nominated by you to have your direct debit membership fees deducted from.
(e) casual member means a member who has a casual membership. For the avoidance of doubt, you will be a casual member if the checkbox next to ‘casual member’ in Part 4 of clause 1 is checked.
(f) code of conduct means the code of conduct which is located at the end of this agreement, as amended from time to time.
(g) dishonour fee means a $15.00 fee that you must pay if a direct debit payment is dishonoured by your financial institution.
(h) direct debit member means a member that pays their membership fees in direct debit instalments, as set out in Part 3 of clause 1.
(i) flexi access member means a member who has a flexi access membership. For the avoidance of doubt, you will be a flexi access member if the checkbox next to ‘flexi access member’ in Part 4 of clause 1 is checked.
(j) flexi access multi-club member means a member who has a flexi access multi-club membership. For the avoidance of doubt, you will be a flexi access multi-club member if the checkbox next to ‘flexi access multi-club member’ in Part 4 of clause 1 is checked.
(k) pre-exercise screening tool means the pre-workout screening tool that you are required to complete.
(l) member / you / your means the individual who has entered into this agreement with us.
(m) membership card means the membership access card that allows you to access the premises.
(n) membership fees means the fees that you are required to pay in connection with this agreement. These fees are set out in clause 1.
(o) membership hold means a temporary period of time (described in clause 5(a) and 5(b)) where you will not be able to access our services as set out in clause 1, and we will not charge you membership fees.
(p) membership term means the period of time set out in Part 5 of clause 1.
(q) payment agreement means the agreement between you and us permitting our payment provider to provide the direct debit and credit card payment facilities to you on our behalf in accordance with the payment provider’s debit agreement.
(r) payment provider means the payment provider specified by us from time to time, which is currently PaySmart unless we specify otherwise.
(s) payment provider’s debit agreement means the payment’s provider’s service agreement provided to you by us.
(u) we / our / us means the business listed in Part 1 of clause 1.
(v) upfront member means a member that pays their membership fees in advance, as set out in Part 3 of clause 1.
(w) trial member means a member who has a trial membership. For the avoidance of doubt, you will be a trial member if the checkbox next to ‘trial member’ in Part 4 of clause 1 is checked.
3 Your membership with us
(a) Your membership allows you to use our services on the basis set out in clause 1.
(b) The terms of your membership are set out in this agreement, which includes:
(i) these terms and conditions;
(ii) the payment agreement;
(iii) the policies;
(iv) the code of conduct; and
(v) the pre-exercise screening tool.
(c) It is important that you complete a full induction prior to engaging in any exercise on the premises, irrespective of your membership type. You acknowledge by signing this agreement, that you have completed this full induction with us.
4 Membership rights
(a) As part of our services, you may access the premises at the address set out in Part 2 of clause 1. You may not access our other premises’, unless you are a flexi access multi-club member or an access plus member. If you are a flexi access multi-club member or an access plus member, you may use both of our premises located at 118 Highbury Road, Burwood VIC 3125 and 2055 Princes Highway, Clayton VIC 3168.
(b) Subject to availability, all members have the right to access our regularly scheduled classes.
(c) If you are an access plus member, you may receive the following at no additional cost:
(i) two 60 minute personal training sessions in the first month of your membership;
(ii) one 60 minute personal training session for each month of your membership (after your first month); and
(iii) one body scan and program update for each month of your membership (after your first month).
(d) If you are a trial member, you may access the premises for a period of seven days (starting from the day you sign up). If you want to access the premises after this period, you must sign up for another membership type. This change in membership type will be set out in another form.
(e) After your membership term:
(i) if you are an upfront member, you must renew your membership to continue to access our services; or
(ii) if you are a direct debit member, you may continue to access our services on a fortnightly basis subject to the terms and conditions of this agreement.
5 Membership hold
(a) If you are a direct debit member, you can voluntarily request a membership hold with us. Each membership hold must:
(i) start and end on a scheduled direct debit date; and
(ii) be for a period of at least two weeks. A membership hold cannot be for more than three months.
(b) You may request an extended membership hold for up to 10 fortnights in a calendar year for travel, medical, pregnancy or bankruptcy reasons. For us to accept an extended membership hold, you must:
(i) provide sufficient supporting documents, such as a medical certificate specifying that you are unable to exercise;
(ii) pay all membership fees that are owing to us; and
(iii) request the extended membership hold in advance. We can not backdate an extended membership hold or accept pro-rata payments.
(c) You may request up to two membership holds per calendar year, unless authorised by us in writing. Each membership hold request must be completed through our then current prescribed membership suspension form.
(d) If you are an upfront member:
(i) you may not request a membership hold with us; and
(ii) clauses 5(b) and 5(c) do not apply.
6 24 hour access
(a) You must complete a separate induction program regarding accessing the premises outside of staffed hours before you will have 24 hours access rights to the premises.
(b) Subject to clause 6(e), all members may access the premises 24 hours per day (after completing the 24 hour access induction program).
(c) You acknowledge that if you use our premises outside of staffed hours, that there will be no supervision or assistance from us in the case of an emergency and therefore you must take appropriate steps to look after your personal wellbeing.
(d) We have installed on the premises emergency call buttons that can be used to get in contact with security. Mobile panic buttons are also available at the premises. You may not use these call buttons unless in the event of an emergency.
(e) The following membership types and persons are not allowed 24 hour access rights to the premises and may only enter the premises during staffed hours:
(i) people aged under 18;
(ii) trial members; and
(iii) casual members.
(f) If you bring a non-member into the premises outside of staffed hours, or let anyone else use your membership card to gain access to the premises outside of staffed hours, we will charge you a $200.00 fee. We reserve the right to also terminate your membership in accordance with clause 15.
7 Direct debits
If you are a direct debit member:
(a) you agree to be bound by the direct debit terms and conditions as described in the payment agreement and the payment provider’s debit agreement;
(b) you must provide to us a payment agreement authorising our payment provider to debit the membership fee due for each direct debit period from your billing account;
(c) you will be charged a dishonour fee in the event that a fortnightly direct debit payment is dishonoured by your financial institution. The dishonour fee is charged by our direct debit provider, and they retain all proceeds from dishonour fees;
(d) additional fees (being bank charges or administrative charges incurred by the payment provider) will apply for any overdue or late payments;
(e) if there are repeated failures to meet your payment obligations (other than through the fault of ours or our payment provider), without prejudicing our rights to recover any overdue payments, your membership may be suspended or terminated by written notice to you;
(f) you acknowledge and agree that we may change our payment provider and that we and / or the current payment provider may, in our sole discretion, assign or novate all existing payment agreements to a new payment provider. In the event that we or the current payment provider assigns or novates the existing payment agreements to a new payment provider, you consent to us or the current payment provider providing your personal information (including, but not limited to your payment details, to its new payment provider) in accordance with this agreement; and
(g) if you terminate the agreement or stop the automatic debit arrangement in a manner not described in the agreement, then you may be liable to us for any unpaid fees, or fees incurred by us.
8 Membership fees
(a) You agree to pay all membership fees set out in this agreement.
(b) If you are:
(i) a direct debit member, you must make your membership fee payments on a fortnightly basis; or
(ii) an upfront member, you must pay your full membership fee for the membership term entirely in advance and in cash.
(c) We will provide you with two weeks prior written notice of any increase in the membership fees.
(d) If your billing account details change during your membership, you must promptly update your billing account with us. If you fail to update your billing account details before your next scheduled direct debit, we may terminate or modify your agreement in accordance with clause 15.
(e) If you sign up to be a flexi access member, we will charge you the administration fee when you sign up as a member with us.
(f) If you seek to use our services on a casual membership, you must pay us a membership fee of $10 per visit, or $40 for a five visit pass.
9 Membership cards
(a) We will provide you with one membership card free of charge that gives you access to the premises when you sign up as a member.
(b) You must present your membership card each time you access the premises.
(c) You must not provide your membership card to any other persons.
(d) If you lose your membership card you must notify us immediately.
(e) We will charge you a $15.00 replacement charge if you lose or misplace a membership card.
10 Your physical health and condition
(a) You are responsible for your own health whilst using our services and engaging in any exercise which has the potential to adversely affect any medical condition.
(b) By signing this agreement, you represent to us that you do not have any:
(iii) medical; or
(iv) other disability or condition,
which may be in any way affected or aggravated by, or which may result in any harm to you as a result of, your use of the facilities or engaging in any exercise, bodily pose or stretch.
(c) If you have any health issues or potential concerns either at the date of signing this agreement or thereafter during your membership, you must speak with your doctor before using any equipment, exercising or otherwise receiving services from us in connection with this agreement (including those services referred to in clause 1).
(d) Our staff are not medical professionals and as such we strongly recommend that you obtain expert advice from a medical professional before starting an exercise program.
(e) If you believe any exercise, bodily pose or stretch might risk your health, you must tell us this in writing with full details. You must also tell us if your medical condition changes after you join. This is highly important as it helps to ensure that the services we provide are appropriate.
(f) You must let us know if:
(i) you have an infection, illness or ailment, such as an open cut or sore; and
(ii) there is a risk, however small, to other members and guests.
11 Drugs and alcohol
(a) Entry to the premises will be refused, or you may be requested to leave the premises, if you are under the influence of drugs and / or alcohol.
(b) You must not consume drugs or alcohol on the premises.
12 Property and equipment
(a) We provide recreational services and may not be held liable for defective fitness equipment used in connection with those services.
(b) You must take proper precautions in relation to your personal property. We encourage you to not bring any valuables onto our premises. We do not accept responsibility for any loss or damage to your belongings while you are at our premises.
(c) We are not liable to you for any personal property that is damaged, lost, or stolen while you are engaged in exercise or while you are attending our premises in connection with this agreement, unless required by law.
(d) If you (or your guest) cause damage to any of our equipment or to our premises, you must reimburse us the repairment or replacement cost within three business days.
(e) You agree that your choice to park in any parking facilitates provided near (or within) our premises is entirely at your own risk. Please be aware of any parking restrictions in place.
13 Video surveillance
(a) We use CCTV monitoring for security purposes and to monitor use of the premises.
(b) You acknowledge that you will be subject to video surveillance and recording on the premises.
(c) Video surveillance is limited to the floor area only, and is not within the bathrooms.
14 Warning under the Australian Consumer Law and Fair Trading Act 2012
(a) Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you –
(i) are rendered with due care and skill; and
(ii) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
(iii) might reasonably be expected to achieve any result you have made known to the supplier.
(b) Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
15 Termination of your membership – by us
(a) We may modify or otherwise restrict your membership immediately on any of the following grounds:
(i) concern for your health and / or your safety; or
(ii) failure to comply with the terms of this agreement.
(b) We may terminate your membership immediately on the occurrence of any of the following events:
(i) you fail to pay your membership fees; or
(ii) you fail to follow any of the terms of this agreement.
(c) In the event that your membership is terminated in accordance with clause 15(b), termination will be effective on the date that we send written notice. You are liable for all of your obligations under this agreement up until that date.
(d) Upon termination of your membership by us, you will cease to have access to the benefits under your membership and we have the discretion to deny you access to any of our facilities and services. Any money owing to us when your membership ends remains immediately due and payable.
(e) Termination or expiration of this agreement will not prejudice any accrued rights or remedies available to each party.
(f) If we terminate your membership under this clause then you will forfeit all membership fees paid, irrespective of whether those fees relate (in whole or in part) to a period after the termination date.
16 Termination of your membership – by you
(a) Subject to clause 16(b), you may terminate your membership at any time by submitting our then current prescribed cancellation form at least two weeks before your intended termination date. In which case we will continue to provide all services to you that you have paid for, but we will not request any further payment nor provide you with any additional services.
(b) If you are:
(i) an access plus member, you may not cancel your membership with us before making at least six fortnightly membership fee payments to us; or
(ii) an upfront member, you may not cancel your membership during your membership term.
(c) If you are an upfront member and terminate your membership with us prior to the end of your membership term, we will not refund you any amounts which you have paid in advance to us.
(d) If you are seeking to terminate your membership because of permanent sickness or due to death / total and permanent incapacity, we will refund all membership fees which have not yet been used upon the provision of a medical certificate or death certificate. The two weeks of written notice will not apply in these circumstances.
17 Risk warning
(a) We warn that whilst you are engaging in exercise, you are at risk of suffering physical harm or personal injury.
(b) Some of the injuries which you may suffer include:
(i) soft tissue injuries;
(ii) joint injuries;
(iii) heart attacks;
(iv) permanent disability; or
(c) Examples of how injuries may occur from you:
(i) slipping on wet surfaces;
(ii) being struck by weights or equipment;
(iii) falling over onto rough outdoor surfaces;
(iv) inappropriate use of equipment; or
(v) inappropriate performance of exercises.
(d) You acknowledge that there are some significant and inherent risks involved, and you accept that you are participating entirely voluntarily and at your own risk.
(e) You acknowledge and agree that the injuries and potential causes listed above are examples only (and therefore are not exhaustive).
(a) We may assign and / or novate our rights and obligations under this agreement at any time without your prior consent.
(b) You may not assign your membership or any of your rights or benefits under this agreement, unless we provide our prior written consent (which may be withheld in our absolute discretion).
19 Forms and electronic storage
(a) For your and our convenience, all forms and documents regarding your membership will be based online (including Google forms). You acknowledge that you will be bound by any online forms that you submit with us as if you physically completed that document.
(b) At any time, we may convert this document into an electronic format (or soft copy) and destroy the paper copy. We will electronically store that soft copy. You acknowledge that a soft copy of this document is the equivalent of a paper copy, and that the soft copy is fully enforceable and binding against you.
(a) If you fail to sign and return this agreement to us after being provided with a copy, and you continue to use our services, you acknowledge that you have accepted our terms and conditions by conduct.
(b) If you are a direct debit member and continue to use our services after the expiry of your membership term, you acknowledge that your continued use of our services will be on the terms and conditions of this agreement.
(c) If you are a casual member and you have signed this agreement upon one visit to our premises, the terms and conditions of this agreement will apply to all of your subsequent visits to our premises.
21 Pre-exercise screening tool
(a) It is a condition of membership that you, prior to engaging in exercise as supervised by us, complete the pre-exercise screening tool.
(b) The pre-exercise screening tool is an important document, and as such you will not be permitted by us to engage in any exercise or receive any of our services connected with this agreement until you have completed the pre-exercise screening tool.
(c) We reserve the right to restrict, suspend or terminate your membership if we are of the reasonable opinion that you are unfit to utilise the equipment or engage in the exercise contemplated by this agreement. If your membership is restricted or suspended for this reason, your membership will not be reinstated until you provide us with a medical certificate confirming that you are fit to train or otherwise receive our services.
(a) For persons aged under 18, the following conditions will apply to their membership:
(i) minors must strictly comply with the restrictions nominated in the ‘Other Comments’ section of this agreement (see clause 1); and
(ii) this agreement must be co-signed by the child and their parent / guardian.
(b) By co-signing this agreement, the parent / guardian:
(i) warrants that the nominated child is physically ready for the exercise contemplated by this agreement;
(ii) hereby provides consent to the nominated child engaging in exercise as contemplated by this agreement;
(iii) acknowledges and agrees that the terms of this agreement (and any breach thereof by the nominated child) will be enforceable against the parent / guardian as well as against the nominated child; and
(iv) warrants that the terms of this agreement will be strictly obeyed by the nominated child.
(c) Persons aged under 14 are not allowed in the gym and we will not provide our services to them.
23 Other comments
Any comments that we set out in the ‘Other comments’ section of this agreement (see Part 11 of clause 1), prevails over any provision of these terms and conditions that is directly inconsistent with that comment (to the extent of that inconsistency).
CODE OF CONDUCT
These rules exist to protect yourself, the equipment, other members and our staff.
You must take appropriate precautions when exercising in outdoor areas.
You must ensure that you present your access card upon each visit to our premises.
All members are to bring a towel, suitable attire and footwear.
A drink bottle is an absolute necessity. Hydration is critical, so please ensure that you have enough water.
Please ensure that you have any medical or other aids required (asthma puffers, glasses, sunscreen, etc.)
All members are to have completed the pre-exercise screening tool before commencing the sessions, without withholding any information that could affect their health or exercise plan.
You must replace weights after using them.
Heavy weight plates are to be handled with absolute care.
You are responsible for ensuring that you use our facilities and equipment in a safe manner. If you are not sure how to use any item of equipment, you must seek guidance from our staff.
All members are expected to act in an appropriate, respectful and courteous manner when interacting with other members, guests and staff. We may ask you to leave the premises if you fail to do so.
Any spillage of liquid is to be attended to and dried immediately.
Non-members are not to be allowed to access the premises without our prior consent.
As a courtesy to other members, you must not use a camera (whether on your mobile phone or otherwise) on our premises without written permission.
Any malfunctioning or faulty equipment must be notified to us without delay.